SUNIL ZIBALJI NARNAWARE Vs. PUNDLIK RAMAJI GURUMUKHI

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the parties.

(2.) The petitioner, by filing the present petition takes exception to the order of the trial Court dated 13.06.2002 in M.J.C. No. 241/1997 whereby the delay of 2 years and 9 months occurred in filing application for setting aside ex parte decree was refused to be condoned.

(3.) The petitioner is defendant and the respondent is plaintiff in Regular Civil Suit No. 369/1991 which was filed for possession and perpetual injunction. The petitioner, after receipt of summons of the suit contested the same by filing written statement. The petitioner also filed reply to the respondent's application for temporary injunction. The respondent's application for injunction ultimately was dismissed on merits. The suit, thereafter, was transferred to the Court of Civil Judge Junior Division, Chandrapur from the Court of Civil Judge Senior Division. The petitioner and his counsel could not, thereafter, remain present in the proceeding of the suit and ultimately the suit came to be decreed ex parte by judgment and decree dated 21.03.1995.